
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 721(a)]
[Document affected by Public Law 106-181 Section 721(b),]
[Document affected by Public Law 106-181 Section 721(d)]
[Document affected by Public Law 106-181 Section 721(a)]
[Document affected by Public Law 106-181 Section 721(c)(2)]
[CITE: 49USC47528]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                           CHAPTER 475--NOISE
 
              SUBCHAPTER II--NATIONAL AVIATION NOISE POLICY
 
Sec. 47528. Prohibition on operating certain aircraft not 
        complying with stage 3 noise levels
        
    (a) Prohibition.--Except as provided in subsection (b) or (f) of 
this section and section 47530 of this title, a person may operate after 
December 31, 1999, a civil subsonic turbojet (for which an airworthiness 
certificate other than an experimental certificate has been issued by 
the Administrator) with a maximum weight of more than 75,000 pounds to 
or from an airport in the United States only if the Secretary of 
Transportation finds that the aircraft complies with the stage 3 noise 
levels.
    (b) Waivers.--(1) If, not later than July 1, 1999, at least 85 
percent of the aircraft used by an air carrier to provide air 
transportation comply with the stage 3 noise levels, the carrier may 
apply for a waiver of subsection (a) of this section for the remaining 
aircraft used by the carrier to provide air transportation. The 
application must be filed with the Secretary not later than January 1, 
1999, and must include a plan with firm orders for making all aircraft 
used by the carrier to provide air transportation comply with the noise 
levels not later than December 31, 2003.
    (2) The Secretary may grant a waiver under this subsection if the 
Secretary finds it would be in the public interest. In making the 
finding, the Secretary shall consider the effect of granting the waiver 
on competition in the air carrier industry and on small community air 
service.
    (3) A waiver granted under this subsection may not permit the 
operation of stage 2 aircraft in the United States after December 31, 
2003.
    (c) Schedule for Phased-In Compliance.--The Secretary shall 
establish by regulation a schedule for phased-in compliance with 
subsection (a) of this section. The phase-in period shall begin on 
November 5, 1990, and end before December 31, 1999. The regulations 
shall establish interim compliance dates. The schedule for phased-in 
compliance shall be based on--
        (1) a detailed economic analysis of the impact of the phaseout 
    date for stage 2 aircraft on competition in the airline industry, 
    including--
            (A) the ability of air carriers to achieve capacity growth 
        consistent with the projected rate of growth for the airline 
        industry;
            (B) the impact of competition in the airline and air cargo 
        industries;
            (C) the impact on nonhub and small community air service; 
        and
            (D) the impact on new entry into the airline industry; and

        (2) an analysis of the impact of aircraft noise on individuals 
    residing near airports.

    (d) Annual Report.--Beginning with calendar year 1992--
        (1) each air carrier shall submit to the Secretary an annual 
    report on the progress the carrier is making toward complying with 
    the requirements of this section and regulations prescribed under 
    this section; and
        (2) the Secretary shall submit to Congress an annual report on 
    the progress being made toward that compliance.

    (e) Hawaiian Operations.--(1) In this subsection, ``turnaround 
service'' means a flight between places only in Hawaii.
    (2)(A) An air carrier or foreign air carrier may not operate in 
Hawaii, or between a place in Hawaii and a place outside the 48 
contiguous States, a greater number of stage 2 aircraft with a maximum 
weight of more than 75,000 pounds than it operated in Hawaii, or between 
a place in Hawaii and a place outside the 48 contiguous States, on 
November 5, 1990.
    (B) An air carrier that provided turnaround service in Hawaii on 
November 5, 1990, using stage 2 aircraft with a maximum weight of more 
than 75,000 pounds may include in the number of aircraft authorized 
under subparagraph (A) of this paragraph all stage 2 aircraft with a 
maximum weight of more than 75,000 pounds that were owned or leased by 
that carrier on that date, whether or not the aircraft were operated by 
the carrier on that date.
    (3) An air carrier may provide turnaround service in Hawaii using 
stage 2 aircraft with a maximum weight of more than 75,000 pounds only 
if the carrier provided the service on November 5, 1990.
    (4) An air carrier operating Stage 2 aircraft under this subsection 
may transport Stage 2 aircraft to or from the 48 contiguous States on a 
non-revenue basis in order--
        (A) to perform maintenance (including major alterations) or 
    preventative maintenance on aircraft operated, or to be operated, 
    within the limitations of paragraph (2)(B); or
        (B) conduct operations within the limitations of paragraph 
    (2)(B).

    (f) Aircraft Modification, Disposal, Scheduled Heavy Maintenance, or 
Leasing.--
        (1) In general.--The Secretary shall permit a person to operate 
    after December 31, 1999, a Stage 2 aircraft in nonrevenue service 
    through the airspace of the United States or to or from an airport 
    in the contiguous 48 States in order to--
            (A) sell, lease, or use the aircraft outside the contiguous 
        48 States;
            (B) scrap the aircraft;
            (C) obtain modifications to the aircraft to meet Stage 3 
        noise levels;
            (D) perform scheduled heavy maintenance or significant 
        modifications on the aircraft at a maintenance facility located 
        in the contiguous 48 States;
            (E) deliver the aircraft to an operator leasing the aircraft 
        from the owner or return the aircraft to the lessor;
            (F) prepare or park or store the aircraft in anticipation of 
        any of the activities described in subparagraphs (A) through 
        (E); or
            (G) divert the aircraft to an alternative airport in the 
        contiguous 48 States on account of weather, mechanical, fuel, 
        air traffic control, or other safety reasons while conducting a 
        flight in order to perform any of the activities described in 
        subparagraphs (A) through (F).

        (2) Procedure to be published.--The Secretary shall establish 
    and publish, not later than 30 days after the date of enactment of 
    this Act a procedure to implement paragraph (1) of this subsection 
    through the use of categorical waivers, ferry permits, or other 
    means.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1291; Pub. L. 106-
113, div. B, Sec. 1000(a)(5) [title II, Sec. 231(a), (b)(1)], Nov. 29, 
1999, 113 Stat. 1536, 1501A-300, 1501A-301.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47528(a)..............................  49 App.:2157(a).                 Nov. 5
, 1990, Pub. L. 101-508, Sec.
                                                                          9308(
a)-(c), (g), 104 Stat. 1388-382,
                                                                          1388-
383.
47528(b)..............................  49 App.:2157(b).
47528(c)..............................  49 App.:2157(c).
47528(d)..............................  49 App.:2157(g).
47528(e)..............................  49 App.:2157(i).                 Nov. 5
, 1990, Pub. L. 101-508, 104
                                                                          Stat.
 1388-382, Sec.  9308(i); added
                                                                          Oct. 
28, 1991, Pub. L. 102-143, Sec.
                                                                          349(b
), 105 Stat. 949.
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---------------------------------

    In subsection (e), the words ``the State of'' are omitted as 
surplus. The words ``place'' and ``places'' are substituted for 
``point'' and ``points'' for consistency in title the revised title.
    In subsection (e)(1), the words ``the operation of'' are omitted as 
surplus. The words ``places only in Hawaii'' are substituted for ``two 
or more points, all of which are within the State of Hawaii'' to 
eliminate unnecessary words.

                       References in Text

    The date of the enactment of this Act, referred to in subsec. 
(f)(2), probably means the date of enactment of Pub. L. 106-113, which 
enacted subsec. (f) of this section and which was approved Nov. 29, 
1999.


                               Amendments

    1999--Pub. L. 106-113, Sec. 1000(a)(5) [title II, Sec. 231(a)], 
which directed the amendment of section 47528 by substituting 
``subsection (b) or (f)'' for ``subsection (b)'' in subsec. (a), adding 
a par. (4) to subsec. (e), and adding subsec. (f) at the end, without 
specifying the Code title to be amended, was executed by making the 
amendments to this section, to reflect the probable intent of Congress.
    Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(5) [title II, 
Sec. 231(b)(1)], inserted ``(for which an airworthiness certificate 
other than an experimental certificate has been issued by the 
Administrator)'' after ``civil subsonic turbojet''.

                  Section Referred to in Other Sections

    This section is referred to in sections 47530, 47531, 47532 of this 
title.
